Moving Out of the Marital Home
When a marriage ends, deciding whether to stay in or leave the family home can be one of the most stressful early choices. While moving out might feel like the best way to reduce conflict, doing so too quickly can affect your financial rights, parenting arrangements, and even who gets temporary possession of the home under Maryland law.
Key Takeaways
At Petrelli Previtera, LLC, we help clients understand the legal and practical consequences of moving out before a divorce is finalized. Below, we explain how this decision impacts custody, property rights, and Maryland’s rules for family-use property and exclusive possession.
Why Leaving Too Early Can Be a Mistake
In Maryland, moving out of the marital home without a clear plan can weaken your position in several ways:
- Custody and parenting time: If children remain with the other parent, the court may view that parent as the primary caretaker. This can influence temporary custody orders and long-term arrangements.
- Use and possession of the home: Maryland courts can grant one parent temporary exclusive use and possession of the marital home, family vehicles, and household items for up to three years after divorce to support children’s stability. Leaving voluntarily may make it harder to claim this right later.
- Financial responsibility: Even if you move out, you might still be responsible for the mortgage, taxes, or repairs. Leaving without agreement on these costs can create disputes and financial strain.
- Loss of access or leverage: Once you move out, regaining entry or negotiating terms for sale or buyout can be difficult without court intervention.
When Moving Out Is the Right Choice
There are valid reasons to leave the marital home before your divorce is final. You should move out if:
- There is any domestic violence or abuse, and staying would put you or your children at risk.
- You have obtained or plan to seek a protective order requiring one spouse to vacate the home.
- The emotional environment is too tense or unsafe for children, and separation supports their wellbeing.
If you must leave for safety or health reasons, speak with your attorney right away. They can request temporary court orders for custody, financial support, and access to belongings while maintaining your legal rights to the property.
How Maryland’s Family-Use Property Rule Applies
Under Maryland’s family-use property law, judges can award one parent the right to remain in the marital home with the children for up to three years after divorce. This is called exclusive use and possession. The goal is to minimize disruption and keep children in familiar surroundings, schools, and routines.
If you move out voluntarily, it may signal to the court that you have other housing options and that remaining in the home is not essential for the children’s stability. Staying until a plan is in place—or until the court rules—helps preserve your eligibility for exclusive use orders.
Balancing Stability and Safety
Every situation is different. If staying in the home causes emotional or physical harm, your safety comes first. But if you can remain safely, doing so until legal arrangements are settled may strengthen your position regarding both property division and parenting time.
Maryland judges place a high value on what serves a child’s best interests. Remaining in the home may help demonstrate your role as a steady caregiver and align with the court’s goal of promoting children’s stability during divorce.
Before You Move Out, Talk to a Lawyer
Before you decide to move out of the marital home, discuss your situation with a knowledgeable Maryland family law attorney. Together, you can review the practical and legal consequences, create a temporary plan for parenting and expenses, and file any necessary motions for use and possession.
Our attorneys at Petrelli Previtera, LLC will help you take strategic steps that protect your safety, your financial interests, and your children’s wellbeing. Schedule a consultation today to discuss your options and create a plan that fits your circumstances.
